From Casetext: Smarter Legal Research

Marshburn v. Sullivan

Supreme Court of Alabama
Dec 10, 1959
116 So. 2d 378 (Ala. 1959)

Opinion

1 Div. 773.

December 10, 1959.

Appeal from the Circuit Court, Washington County, Hubert M. Hall, Special Judge.

W. P. Pruitt and Granade Granade, Chatom, for appellant.

Hurst Williams, Chatom, for appellees.


Arthur Sullivan filed a bill in the circuit court of Washington County, in equity, against Portia W. Marshburn, appellant, to quiet title to a 20-acre tract of land (E 1/2 of NE 1/4 of SE 1/4 of Section 13, Township 6 North, Range 1 West) located in said county. The bill was filed pursuant to Code 1940, Tit. 7, § 1109. Appellant filed a cross-bill seeking similar relief and demanded a jury trial pursuant to Code 1940, Tit. 7, § 1112. The jury returned a verdict in favor of complainant on October 9, 1957. A final decree was rendered on said verdict on October 15, 1957. On November 6, 1957, appellant filed a motion for a new trial, which was overruled on December 12, 1957, after being regularly continued to that date. This appeal is from the final decree and also the decree overruling the motion for a new trial. The case was submitted here on October 31, 1959.

The complainant, Arthur Sullivan, having died after rendition of the final decree, the cause has been revived in the names of his heirs at law.

The only questions mentioned in appellant's brief concern the sufficiency of the evidence to support the verdict of the jury, adverse rulings on the admission of evidence, the giving of written charges requested by the complainant, and the refusal of written charges requested by respondent-appellant. Since the motion for a new trial was not filed until after the final decree was rendered, none of these questions is presented for review. Wood v. Miller, 263 Ala. 499, 501-503, 83 So.2d 206; Woods v. Allison Lumber Company, 261 Ala. 286, 287, 74 So.2d 486; Owens v. Washington, 260 Ala. 198, 201, 202, 69 So.2d 694. Cf. Hill v. Cowart, 251 Ala. 260, 261, 37 So.2d 103; Karter v. East, 220 Ala. 511, 515, 125 So. 655. We have no alternative but to enter an order of affirmance.

Affirmed.

LIVINGSTON, C. J., and SIMPSON and COLEMAN, JJ., concur.


Summaries of

Marshburn v. Sullivan

Supreme Court of Alabama
Dec 10, 1959
116 So. 2d 378 (Ala. 1959)
Case details for

Marshburn v. Sullivan

Case Details

Full title:Portia W. MARSHBURN v. Florence B. SULLIVAN et al

Court:Supreme Court of Alabama

Date published: Dec 10, 1959

Citations

116 So. 2d 378 (Ala. 1959)
116 So. 2d 378

Citing Cases

Marshburn v. Dickey

December 10, 1959, the Supreme Court of Alabama decided an appeal against Mrs. Marshburn in a suit brought by…

Hicks v. Allred

Even when the jury is impaneled by a judge sitting in equity and the cause is tried before the jury in the…